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Original topic:

KS Owners refund

(Topic created on: 10/01/18 14:34)
paul1277
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Do all you good people who bought a 2016 Samsung TV know Samsung have stopped supporting it. The promised they would support HLG (BBC Iplayer HDR). This was in the Dec 2016 Trusted Reviews and What Hi Fi. They have not and if you had bought a Panasonic or LG 2016 set you would be able to watch Iplayer Blue Planet 2 in glorious HLG. This is a big issue because HLG looks like the standard for all over the air broadcasting. Samsung are not even supporting a 4K update to Iplayer. The reason looks like it will cost just 5 cents or pence per unit. So my telly I bought in Jan 2017 is deemed as out of date by Samsung!!!!!!

You wrote in your Dec 2016 issue that Samsung were supporting HLG in their 2016 models. Do you know that Samsung have supported their 2017 models but not the 2016 models. I know because the BBC IPlayer Blue Planet 2 will not play in 4K or HLG. It's not good considering Panasonic and LG both do support their 2016 models. It means my KS model I bought in Jan is now deemed out of date by Samsung. It looks like their are royalty fees which Samsung will not pay! Not good.


All you people in the UK can return your KS TVs IF you bought it for the use of the smartthings Extend that will never be coming out for our TVs. ***** is how.

 

Tell them you want a full refund because they promised that if you bought a KS TV you would get a FREE Smartthings Extend. They proof you will need is easy to find and is the reason you bought this TV.

 

https://www.youtube.com/watch?v=IMc3V98yzNY

 

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I bought mine from J Lewis and the Samsung Extend addvert is still there https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1

 

If you bought your KS TV from currys http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/

 

They both say that you will get a free smartthings extend USB dongle.

Now send you TVs back for a full refund Smiley Happy

 

 

All those who bought a Samsung TV in 2016 may have claim for miss selling. It basically means that all you folks who bought the 2016 Samsung units have 2 choices. After Dec 2016 and if you had seen any articles that are press release's about HLG support and that influenced you decision to buy may have a case. For all those owners who read the info from the retailers on their web pages and saw and was influenced by the promise of the smart connect which has not been honoured, then you also have a case for miss selling. If you all spread this in all available media then I am sure the retailers would put pressure on to Samsung to correct this. If nothing else you could end up with nice shiny LG or Panasonic, or the new Philips that all are HLG BBC iplayer compatible, and with the HDR10 plus that again Samsung have still not implemented, you may be best with LG and Dolby Vision.

Also take a copy of the retailers web page before they change the description.

 

https://www.youtube.com/watch?v=yRSWoUmU5YQ

I will try to explain how to get a refund for miss selling (seen how much the LG's have come down). I followed this way and got a full refund or a JS8000.

You need to show that you asked or believed that or influenced by claims made about the capabilities of the TV. With BBC Iplayer HLG it's from the Trusted reviews and What Hi Fi, and any other publications and if you asked the retailer.

 

https://www.whathifi.com/advice/hdr-tv-what-it-how-can-you-get-it#6locceZo3Zf8yi5T.99

you can show you had been informed.

It's different with the smart connect as that is advertised on the main retailers web sites,

https://www.johnlewis.com/electricals/samsung/smart-tv/c9601000048?rdr=1
http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/
https://www.youtube.com/watch?v=yRSWoUmU5YQ

As the donngle's have not turned up you now claim miss selling, so either go to your retailer or email them with the web page, and explain why you think you were miss sold. Also phone Citizens Advice 03444 111 444 and raise a case (this also gets past on to Trading Standards). Explain that the retailer informed you off the capabilities via their web page information, and either show the page printer or the link, as above.

They will advise and link you to some template letters to send to your retailer.

I had to send a letter of intent to take legal action (template from Citizens Advice) against Curry's but then they gave me a refund.

So mention all the promises from Samsung full support for HLG, Smart Connect, and HDR10+

It will cost nothing to ask and again may bring some pressure on to Samsung.

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rosscouk
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Hi all,

 

Its nearly 14 days since my letter to John Lewis  in regard to the misselling of my 49KS8000 TV purchased in Aug 16. I set out in my letter to them the misselling arguments around the dongle with evidence from Samsung at CES 2016 and followed up by the advert for it still on their website. I am now thinking about my next move.

 

I think I will send a follow up email with the following

 

  • Ask if, not already considered, to consider this a complaint
  • Advise them of my intent to consult Citizens Advice regarding misselling of the TV
  • Advice them of my intent to contact Trading Standards with a view to sending JL a Letter of Intent
  • Advise them of my intent to contact my credit card provider with a view to pursueing a Section 75

The thinking behind letting them know I will be taking these actions gives them a small window to reply, hopefully, favourably.

 

I am really interested in peoples views on my suggested course of action. Do people think any of this approach contradictory? Or perhaps should i pursue one course over another etc?

 

Happy for any views.

Cheers

daleski75
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@rosscouk wrote:

Hi all,

 

Its nearly 14 days since my letter to John Lewis  in regard to the misselling of my 49KS8000 TV purchased in Aug 16. I set out in my letter to them the misselling arguments around the dongle with evidence from Samsung at CES 2016 and followed up by the advert for it still on their website. I am now thinking about my next move.

 

I think I will send a follow up email with the following

 

  • Ask if, not already considered, to consider this a complaint
  • Advise them of my intent to consult Citizens Advice regarding misselling of the TV
  • Advice them of my intent to contact Trading Standards with a view to sending JL a Letter of Intent
  • Advise them of my intent to contact my credit card provider with a view to pursueing a Section 75

The thinking behind letting them know I will be taking these actions gives them a small window to reply, hopefully, favourably.

 

I am really interested in peoples views on my suggested course of action. Do people think any of this approach contradictory? Or perhaps should i pursue one course over another etc?

 

Happy for any views.

Cheers


 

If you inform them of your actions they won't do anything as they could treat them as an idle threat so I personally would advise wait until the 14 days are up then send them the letter of intent.

 

Contact Citizens Advice  as well with your case and they will advise and keep a copy of everything (hard copies) and make sure any letters are sent recorded delivery this starts the paper trail and JL won't be able to get out of this.

 

Here is also a copy of my letter of intent which you can amend and send.

 

Ref: Mis-selling of goods


Dear Sir/Madam,


I am writing in compliance with the Practice Direction on Pre-Action Conduct with regards to the following matters which have arisen between us:

 

I am writing with regards to a purchase made on the 25th of July 2016. I would like to return the goods as I have been mis-sold.

The Samsung 55KS7000 is not as described. At the point of purchase, I paid £1399. I was led to believe that the TV would come with a smart things extender (see link below from your website) which it didn’t and I only brought this on reading this would be enabled and supplied with the television.

Here is a link from your website as well as an extract for further proof.

http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/

 

As a result of these matters I am entitled to and intend to claim the following:

A full refund of £1399 or a replacement of my choosing.

 

I intend to rely on the following documents in support of my claim:

A copy of the website stating the television would come with the Smart Things Extender.

 

If you dispute my claim I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

In this regard, I would invite you to put forward any proposals.

 

I look forward to hearing from you within the next 28 days. Should I not receive a response to my letter within this time frame, then I anticipate that a legal claim will be commenced forthwith.


Yours sincerely,

Dale *****

paul1277
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@rosscouk wrote:

Hi all,

 

Its nearly 14 days since my letter to John Lewis  in regard to the misselling of my 49KS8000 TV purchased in Aug 16. I set out in my letter to them the misselling arguments around the dongle with evidence from Samsung at CES 2016 and followed up by the advert for it still on their website. I am now thinking about my next move.

 

I think I will send a follow up email with the following

 

  • Ask if, not already considered, to consider this a complaint
  • Advise them of my intent to consult Citizens Advice regarding misselling of the TV
  • Advice them of my intent to contact Trading Standards with a view to sending JL a Letter of Intent
  • Advise them of my intent to contact my credit card provider with a view to pursueing a Section 75

The thinking behind letting them know I will be taking these actions gives them a small window to reply, hopefully, favourably.

 

I am really interested in peoples views on my suggested course of action. Do people think any of this approach contradictory? Or perhaps should i pursue one course over another etc?

 

Happy for any views.

Cheers


Go for it and it my help if you include the Citizens Advice reply posted here recently.

Paul

rosscouk
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Thanks daleski75, seeing the letter as well is really helpful.

 

How did you contact citizens advice? I have found the number I think but just checking what you did.

 

Once the 28 days elapse, what actually might happen after, what would the next step be?

rosscouk
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Thanks Paul1277.

 

Its seem the letter of intent, once I have contacted citizens advice, may be the way to go. Should I do this AND explore the section 75 concurrently? Any thoughts?

daleski75
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@rosscouk wrote:

Thanks daleski75, seeing the letter as well is really helpful.

 

How did you contact citizens advice? I have found the number I think but just checking what you did.

 

Once the 28 days elapse, what actually might happen after, what would the next step be?


I filled in one of their online forms and they contacted me by email, and by law they have to respond within 28 days and it would depend on what they come back with first of all which would depend on your next steps.

rosscouk
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Okay - I had a call with citizens advice and they gave me some differing advice. I was advised that under Consumer Protection Act that there may have been some unfair trading with missleading factors. As I am discussing this after the first 90 days then apparently I can claim a discound in the region, and in discussion with JL, between 25 - 100% of the price paid.

 

So this is new advice I think and not something we have discussed here before. Anyone any thoughts?

 

I was also advised to discuss the section 75 concurrently. 

daleski75
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Not heard of that one, but hey anything helps your argument with JL to get a full refund etc.

paul1111
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@rosscouk wrote:

Okay - I had a call with citizens advice and they gave me some differing advice. I was advised that under Consumer Protection Act that there may have been some unfair trading with missleading factors. As I am discussing this after the first 90 days then apparently I can claim a discound in the region, and in discussion with JL, between 25 - 100% of the price paid.

 

So this is new advice I think and not something we have discussed here before. Anyone any thoughts?

 

I was also advised to discuss the section 75 concurrently. 


Not seen anything like that in the Oct 2015 European regs. In that it clearly says you are entitled for a full refund for misrepresentation. Also I not sure if the consumer ct is the right one now as the 2015 European act takes precedent.

Paul

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rosscouk
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I am not sure either. I am minded to try them again but via the internet.

paul1111
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@daleski75 wrote:

Not heard of that one, but hey anything helps your argument with JL to get a full refund etc.


I agree is's still a good and bodes well if court is required. Don't forget that the retailers legal will also be telling them the same, and that is why I think the chance of it going to court is slim.

Paul

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daleski75
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@rosscouk wrote:

I am not sure either - does anyone know of an email for Citizens Advice (I can't find one)? I am minded to try them again.


https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

snosig
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I am not a UK citizen but I bought my EU65KS8000 tv at rgbdirect.co.uk in may 2017 after having seen press releases and info regarding the SmartThings promise as well as the HDR10+ promise. I had the TV shipped out of UK which caused some shipping and customs fee as well as VAT. If I were to return it that would mean more shipping cost.

 

I do not see anything on the sellers website at that time mentioning either the SmartThings or HDR10+, but as samsung had released this info at that time I assumed it didn't matter if the seller mentioned it.

 

What are my options with this misselling?

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daleski75
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@snosig wrote:

I am not a UK citizen but I bought my EU65KS8000 tv at rgbdirect.co.uk in may 2017 after having seen press releases and info regarding the SmartThings promise as well as the HDR10+ promise. I had the TV shipped out of UK which caused some shipping and customs fee as well as VAT. If I were to return it that would mean more shipping cost.

 

I do not see anything on the sellers website at that time mentioning either the SmartThings or HDR10+, but as samsung had released this info at that time I assumed it didn't matter if the seller mentioned it.

 

What are my options with this misselling?


Not sure really as rgbdirect who you would take up the complaint with never advertised the dongle as coming with the television however you could possibly try the HDR10+ as it was promised but I am not sure how successful you would be.

snosig
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But should'nt Samsung be held accountable for what they promised in press releases and marketing material?

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daleski75
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@snosig wrote:

But should'nt Samsung be held accountable for what they promised in press releases and marketing material?


Yes they definitely should but it does not mean rgb direct will agree or be willing to accept a refund, however best bet is give it a go, get your case across to them and see how you get on.

 

It will be very interesting to see what they say as nearly all of the cases here revolve around John Lewis or Curry's.

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paul1111
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Are you an EU citizen? If so you are covered by the Oct 2015 European Consumer Regs. If you have done your research and saw the various advertising for HLG Smart connect and HDR10+ (links on this thread) then yes I believe you may have a case for misrepresentation.

Paul

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paul1111
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@snosig wrote:

But should'nt Samsung be held accountable for what they promised in press releases and marketing material?


That would be great but the regs say it is the retailer that is responsible. I think both should be, like the credit card companies who are also responsible. I believe though that advertising that you saw from Samsung's press release's and youtube presentations can be taken into account. If it is incorrect then it is up to the retailers to correct it! If they do not then they are accepting that advertising is true.

Paul

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paul1111
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@snosig wrote:

I am not a UK citizen but I bought my EU65KS8000 tv at rgbdirect.co.uk in may 2017 after having seen press releases and info regarding the SmartThings promise as well as the HDR10+ promise. I had the TV shipped out of UK which caused some shipping and customs fee as well as VAT. If I were to return it that would mean more shipping cost.

 

I do not see anything on the sellers website at that time mentioning either the SmartThings or HDR10+, but as samsung had released this info at that time I assumed it didn't matter if the seller mentioned it.

 

What are my options with this mis selling?


I must point out that under the regs you can only claim a refund if you felt the information you had at the time is now incorrect or misrepresented. You state that you did not see any adverts for Smart things or HDR10+ so you can not claim misrepresentation now because these adverts did not influence your decision, because you where not aware of these capabilities. You can only claim misrepresentation if the manufactures advertising or the retailer make claims about the product which later is untrue. So no I do not think you can claim. You do not mention if you saw the HLG support shown in some trade mags.

Paul

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snosig
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At the time of purchase I had already seen press releases and marketing material stating about the SmartThings as well as the HDR10+ (which was a big part of picking this tv, as otherwise I would likely have gone with a Dolby Vision tv instead). I only mentioned that this specific seller did not mention it on his site.

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paul1111
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I have drafted something you can use if you use if you contact Citizens Advice and fill the form,

 

I bought a Samsung 65KS9500 from Curry's 17 Jan 2017. I was lead to believe with an update it would fully support HLG (the BBC and Nikon version of HDR to be used for over the air broadcasts). This is a link explaining that Samsung where fully supporting it from Dec 2016, http://www.trustedreviews.com/opinion/hybrid-log-gamma-what-is-it-2947378
https://www.youtube.com/watch?v=mimpr4a4L-M
When the BBC started broadcasting the Blue Planet 2 on BBC Iplayer in UHD and HLG Samsung said that the KF series sets would not be updated to play it. They did update to play Youtube HLG. Their release said they would be supporting HLG, not anly different types. Here is a link from Dec 2017 saying the same again,
https://www.whathifi.com/advice/hdr-tv-what-it-how-can-you-get-it#HKmkBd0MMSTZvqxK.99
They also a free Smart Connect free USB dongle here links,
http://techtalk.currys.co.uk/tv-gaming/tv/how-to-control-your-home-from-your-smart-tv/
https://www.youtube.com/watch?v=PJRHrQio6_8
again not forth coming.
Samsung also promised an update for last year to enable HDR10+ for the end of 2017,
https://news.samsung.com/global/how-hdr10-creates-like-real-images
https://www.whathifi.com/advice/hdr-tv-what-it-how-can-you-get-it#HKmkBd0MMSTZvqxK.99
Again nothing.
I believe that is misrepresentation under the Oct 2015 European Consumer Regs.

 

Here is the link,

https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

 

Remember these are sent to trading standards so it will help if everyone fills in the form, only takes a few mins.

Paul

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